How to make a criminal injury claim through the CICA
Tilly Bailey & Irvine Solicitors explain how to make a claim through the Criminal Injuries Compensation Authority (CICA).
Making a claim upon the Criminal Injuries Compensation Authority (CICA) can be a daunting process. A Claimant will have already gone through a violent assault and suffered a significant injury.
Whilst initially it may appear to be straight forward, if the claim is rejected by the CICA then a Claimant has to consider whether they have further recourse. Also, if an award is indeed made is that award the relevant amount for the injury sustained? It is important to know the criteria for a successful claim at the outset.
Can I make a Criminal Injury claim?
Firstly, a Claimant must have sustained a compensable injury, for example that it falls within the tariff set out by the CICA.
Secondly, a Claimant must fully co-operate with the police in bringing their assailant to justice. This means by making a full statement to the police and if necessary attending a Court hearing as a witness.
Thirdly, if a Claimant has themselves a criminal history then this will be taken into account and this does not necessarily only consider a record of violence. Any award may then be reduced or refused dependent upon that criminal history. Sometimes however a reduction or refusal based on a criminal record can be argued even though the criteria is quite strict on this regard.
Criminal Injury Case Study
A Claimant recently said they were assaulted and sustained serious injury for which they were hospitalised and had to undergo surgery. A claim was submitted and an initial award of around £4,000 made by the CICA. Following further investigations and obtaining a psychiatric report in relation to the trauma - and the submission of an application for a review of the original decision - the Claimant’s award was almost doubled.
Often Victim Support will offer to submit an application for a victim, however it should be noted that that is all they will do and they will not proceed to argue either the value of the award or if an award is rejected. Similarly, a Claimant can submit their own claim online however arguing the outcome is another matter. It is always better to seek proper legal advice to ensure that the best possible outcome is obtained.